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Who besides the Justice Dept. has the legal standing to bring charges against violators of the War Crimes Act?

It is a federal offense for Americans to commit war crimes. The War Crimes Act (1996) places various Hague, Geneva and Nuremberg protocols within U.S. law and authorizes the death penalty (also lesser penalties) for war criminals. The Justice Department clearly can proscecute, but would not be likely to charge government officials with war crimes. So who else can bring charges under this law? If a federal grand jury, can one be called without recourse to the Justice Department? (There are other tribunals for foreign war criminals such as the Taliban and al-Qaida, and their leaders.) In short, who can bell the cat?

Update:

This is a technical question about U.S. law. International tribunals are not under consideration here. The War Crimes Act exists specifically because many Americans do not want international tribunals to have jurisdiction over American war criminals.

3 Answers

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  • 1 decade ago
    Favorite Answer

    The International Court of Justice can file charges against violators of the rules of war under the Geneva Convention.

  • 1 decade ago

    This is a question I suspect History is attempting to answer as I write.

    Germany, I think; brought charges against Rumsfeld......should be interesting to watch.

    As to whom? Anyone who obeyed a wrongful order.

    The sooner you supply the truth the better off you will be.

    If this is a typical American "investigation", the lower your rank, they more likely you are to get blamed.

    This cat has been wearing a cow bell for 4 years and his base kept him milked.

    His base is not longer "a fan". Anything can happen. But rule of thumb, if you make less than $100,000.00 kiss your butt goodbye.

  • Anonymous
    1 decade ago

    Martial Law is up to the Adjudant General's Office, or the nearest commanding officer depending on the situation.

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